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  1. J

    Question on Marriage-base Filing

    see your legal office on base. The DOD legal office on your base should be familiar with the procedures. If not, visit the INS & Department of State\'s web sites. If you are presently assigned overseas, a visit to the nearest US Embassy/Consulate would provide sufficient information/advice.
  2. J

    Question on Marriage-base Filing

    appears to need to watch for 245(i) Your nephew and spouse should watch the legal news concerning 245(i), if she was never lawfully admitted to the United States. Assuming she was lawfully admitted, your nephew should file I-130 while she files her I-485 in local district office. If she...
  3. J

    Urgent Please Reply

    could be big impact, some impact or no impact. When an employer has filed I-140 and it taken over or merged with another company, the new management team (company taking over or the merged management team of the combined company) has all the controls and options. The new management team may...
  4. J

    a child included in I-140 is over 21 y.o. for I-485

    as a permanent resident, you may file I-130 for your son. Checking out the June 2002 Visa Bulletin reveals that Permanent Residents may file I-130 for their over-21-years-of-age children, family preference 2B. Presently, these visas are being issued to visa petitions filed on or before 1 Oct...
  5. J

    How Long Can I delay filing I-485?

    Who is eligible? question: are you talking about filing YOUR I-485 or are you waiting for the Child Status Protection Act to be made law to file 485 for your over 21-years child? Since this is only a house bill with no action, yet, it is a looooong way from becoming law.
  6. J

    Unfair treatment by employer

    probably not and you are out of status too. Without consulting a labor attorney, it is difficult to know. However, since you quit your H1B company, you are now out of status and subject to deportation. Your former company does not owe you the normal return transportation home. Your...
  7. J

    Sisters son/daughter to take as dependent

    No Title In general, your sister\'s children are not eligible for green cards as your children/dependents.
  8. J

    Rights of adoptive child

    No Title You will need to contact INS or the US Embassy where you live for an legally accurate answer. However the simple answer is: Someone has been blowing smoke at you. An adopted child is always an adopted child, and is not treated as a biological child under immigration or other law. In...
  9. J

    Child Adoption

    No Title two websites to check: www.travel.state.gov/adopt.html and www.ins.usdoj.gov link under immigration services & benefits, inter-country adoptions. at least one of the adopting parents must be a US citizen to obtain immigration benefits for the adopted child.
  10. J

    Can GC holders adopt an Indian baby if the baby is in USA

    No Title If you are and the child\'s parents are legally residing in the United States, you may adopt their child. the adoption must be accomplished in court according to the laws of the state you are residing in. However, the child\'s parents will lose all legal rights, etc. upon the...
  11. J

    Mr. Khanna and others - Need information

    must fulfill other requirements If the child is not "ORPHAN," the biggest hurdle will be demonstrating to the US Embassy that the adopted parent have accomplished a 2-year period of legal custody and physical custody, involving day-to-day care / responsibilities for the adoptive...
  12. J

    Mr. Khanna and others - Need information

    adoption for under 16 years old At minimum, all adoption proceedings must be completed prior to the adopted child reaching his 16th birthday. Therefore your friend\'s 21 year old nephew could never receive any immigration benefits based upon any such adoption.
  13. J

    Mr. Khanna and others - Need information

    Essentially: NO Presently, the law requires at least one of the adopting parents be a United States Citizen to receive immigration benefits.
  14. J

    References on College Education

    visitor visa = no employment authorization on a visitor visa, you will not be able to acquire employment authorization.
  15. J

    References on College Education

    you will be financially responsible as a F-1 student, you friend is expected to be able to demonstrate sufficient funding to meet his student and life obligations. If he does not have sufficient resources and needs a financial sponsor (Affidavit of Support), the sponsor will be financially...
  16. J

    References on College Education

    no federal assistance available, yet unfortunately, your status is either/both: F-1 student continuing school or a permanent resident APPLICANT. You are NOT a permanent resident until INS approves the I-485 or until the Embassy gives you a visa and you re-enter the United States as a permanent...
  17. J

    Visitor Visa for only 1 month

    need more information need more information to be able to assist you: what was your original admission code? if you were not lawfully admitted, see an immigration attorney. have you ever been in trouble with the law? If so, see an immigration attorney. were your parents ever permanent...
  18. J

    Need help on visitor\'s visa for Sister

    depends on what "crew visa" husband has This will determine what the "crew visa" the husband has: If the Husband has permanent resident status from his employment in merchant marine, he may file I-130 with a service center. However if his crewman visa is the nonimmigrant crewman...
  19. J

    Please advice folks...

    you have a choice you have the choice of maintaining your H1B and having your new employer file for new H1B status and continue to be subject to those rules & limitations. Or you may use your employment authorization document as a "pending permanent resident applicant" to become...
  20. J

    Affidavit of support -FB4 Category

    NVC appears to be preparing for visa issuance from the dates you list, it would be reasonable to assume the visa will become available next year. depending on how many visas are left to issue this year, the visa might become available in the fall. NVC probably estimates how long it takes for...
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